Common use of Interest Rate Not Ascertainable Clause in Contracts

Interest Rate Not Ascertainable. If Agent shall determine that, on any date for determining LIBOR or the Canadian BA Rate, due to any circumstance affecting the London interbank market or the Canadian interbank bankers’ acceptances market, respectively, adequate and fair means do not exist for ascertaining such rate on the basis provided herein, then Agent shall immediately notify the Borrower Agent of such determination. Until Agent notifies the Borrower Agent that such circumstance no longer exists, the obligation of the Lenders to make LIBOR Loans or Canadian BA Rate Loans, as applicable, shall be suspended, and no further Loans may be converted into or continued as LIBOR Loans or Canadian BA Rate Loans, as applicable.

Appears in 4 contracts

Samples: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Radiant Logistics, Inc), Loan and Security Agreement (Callaway Golf Co)

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Interest Rate Not Ascertainable. If Agent shall determine that, on any date for determining LIBOR or the Canadian BA RateIf, due to any circumstance affecting the London interbank market or the Canadian interbank bankers’ acceptances market, respectively, Agent determines that adequate and fair means do not exist for ascertaining such rate LIBOR or the Canadian BA Rate on any applicable date or that any Interest Period is not available on the basis provided herein, then Agent shall immediately notify the Borrower Agent of such determination. Until Agent notifies the Borrower Agent that such circumstance no longer exists, the obligation of the Lenders to make affected LIBOR Loans or Canadian BA Rate Loans, as applicable, shall be suspended, suspended and no further Loans may be converted into or continued as such LIBOR Loans or such Canadian BA Rate Loans, as applicable.

Appears in 3 contracts

Samples: Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)

Interest Rate Not Ascertainable. If Agent shall determine that, that on any date for determining LIBOR or the Canadian BA Rate, due to any circumstance affecting the London interbank market or the Canadian interbank bankers’ acceptances market, respectively, adequate and fair means do not exist for ascertaining such rate on the basis provided herein, then Agent shall immediately notify the Borrower Agent of such determination. Until Agent notifies the Borrower Agent that such circumstance no longer exists, the obligation of the Lenders to make LIBOR Loans or Canadian BA Rate Loans, as applicable, shall be suspended, and no further Loans may be converted into or continued as LIBOR Loans or Canadian BA Rate Loans, as applicable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Callaway Golf Co)

Interest Rate Not Ascertainable. If Agent shall determine that, on any date for determining LIBOR or the Canadian BA RateIf, due to any circumstance affecting the London interbank market or the Canadian interbank bankers’ acceptances marketmarket generally, respectively, Agent determines that adequate and fair means do not exist for ascertaining such rate LIBOR or the Canadian BA Rate on any applicable date or any Interest Period is not available on the basis provided herein, then Agent shall immediately notify the Borrower Agent Borrowers of such determination. Until Agent notifies the Borrower Agent Borrowers that such circumstance no longer exists, the obligation of the Lenders to make affected LIBOR Loans or Canadian BA Rate Loans, as applicable, Loans shall be suspended, suspended and no further Loans may be converted into or continued as such LIBOR Loans or Canadian BA Rate Loans, as applicable.

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Willbros Group, Inc.\NEW\)

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Interest Rate Not Ascertainable. If the Applicable Agent shall determine that, in good faith that on any date for determining LIBOR or the Canadian BA RateAdjusted LIBOR, due to any circumstance affecting the London interbank market or the for determining Canadian interbank bankers’ acceptances market, respectivelyBA Rate Loans, adequate and fair means do not exist for ascertaining such rate on the basis provided herein, then the Applicable Agent shall immediately notify the Borrower Agent of such determination. Until the Applicable Agent notifies the Borrower Agent that such circumstance no longer exists, the obligation of the Applicable Lenders to make LIBOR Loans or Canadian BA Rate Loans, as applicable, Loans shall be suspended, and no further Loans may be converted into or continued as LIBOR Loans or Canadian BA Rate Loans, as applicable.

Appears in 1 contract

Samples: Loan Agreement (Superior Essex Inc)

Interest Rate Not Ascertainable. If Agent shall determine that, that on any date for determining LIBOR or the Canadian BA Rate, due to any circumstance affecting the London or other interbank market or the Canadian interbank bankers’ acceptances market, respectively, adequate and fair means do not exist for ascertaining either such rate on the basis provided herein, then Agent shall immediately notify the Borrower Agent Borrowers of such determination. Until Agent notifies the Borrower Agent Borrowers that such circumstance no longer exists, the obligation of the Lenders to make LIBOR Loans or Canadian BA Rate Loans, as applicable, shall be suspended, and no further Loans may be converted into or continued as LIBOR Loans or Canadian BA Rate Loans, as applicable.

Appears in 1 contract

Samples: Loan and Security Agreement (Spherion Corp)

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